' HASNAT AHMAD KHAN, J.---Petitioner seeks pre-arrest bail in case F.I.R. No,313, dated 2-6-2007 registered at P.S. Chouchak, Tehsil and District Okara in respect of offences under section 565-B, P.
P. C .
2. Precise allegation against the petitioner is that on 2-6-2007 he along with his co-accused had abducted Mst. Nuzhat Bibi and Mst. Zunera Jabeen who were allegedly ushered into a car on the gunpoint. It was further alleged that after covering a distance of about two miles the said car was stopped and Mst. Nuzhat Bibi one of the alleged abductees was dropped from the car, whereafter the said car was driven off.
3. In support of this petition learned counsel for the petitioner has contended the prosecution story is a pack of lies and as a matter of fact no such occurrence had ever taken place. Adds that Mst.
Zunera Jabeen, abductee, who admittedly is sui juris lady of more than 22 years had married the petitioner of her own vide "Nikahnama" dated 12-2-2006. Further adds that the said Mst. Zunera Jabeen (alleged abductee) had sworn an affidavit whereby she had owned the abovementioned "Nikahnama".
4. At this stage Mst. Zunera Jabeen has appeared before this Court and stated that she was not abducted by anybody and the contents of the F.I.R. Are totally false. She adds that she has married the petitioner of her own but without the consent of her parents, that is why they have got a false case registered against the petitioner and his co-accused.
5. Conversely, the learned counsel for the complainant assisted by the Deputy Prosecutor General has opposed this application on the ground that the petitioner is specifically named in the F.I.R.
That the eye-witnesses mentioned in the F.I.R. Have fully supported the prosecution case; that during the investigation the contents of the "Nikahnama" have not been verified that the abductee being under the influence of the petitioner is making false statement; that besides Mst. Zunera Jabeen abductee, her sister Mst. Nuzhat Bibi was also abducted by the petitioner who is fully supporting the prosecution case.
6. After hearing the arguments put forth by the parties, I have concluded that the main allegation against the petitioner is that of abduction of Mst. Zunera Jabeen. Admittedly Mst. Nuzhat Bibi the alleged abductee was not carried away by the petitioner beyond the distance of 2 miles. It is not the case of the prosecution that Mst. Nuzhat Bibi the other abductee was made victim of Zina or outraging of her modesty. Similarly the said lady being already in the custody of the complainant is not required to be recovered from the petitioner. The other abductee namely Mst. Zunera Jabeen has candidly owned her marriage with the petitioner. According to her, at no point of time, she was abducted by the petitioner who according to her ahead taken her along with him on her own telephonic request. Though uptill now the police have failed to verify the contents of the alleged "Nikahnama" yet the fact remains that the alleged abductee who is a sui juris lady has candidly stated that she had married the petitioner of her own. She has not supported the statement of Mst.
Nuzhat Bibi the other alleged abductee. The question as to whether she (Nuzhat Bibi) was abducted by the petitioner would be requiring further inquiry.
7. As far as the question of mala fides of the complainant and the police is concerned, suffice to observe that despite the fact that the alleged abductee is claiming the petitioner as her husband the case has been lodged against him. Therefore, at this stage it cannot be held that the F.I.R. Was lodged against the petitioner with bona fides. Besides that, law of bail is not a static law and in appropriate cases pre-arrest bail can be granted to the accused keeping in view the merits of the case. Reliance in this regard is placed on the cases of Meeran Bux v. The State and another PLD 1989 SC 347, Muhammad Ismail v. Ghaus Bux 1990 PCr.LJ 2013 and Aftab Gul v. The State 1989 PCr.LJ 1599.
8. For what has been stated above the application in hand is accepted and ad interim pre-arrest bail granted to the petitioner vide order dated 15-6-2007 is hereby confirmed subject to his furnishing fresh bail bonds in the sum of Rs,1,00,000 with one surety in the like amount to the satisfaction of Deputy Registrar (Judi.) of this Court.